Podcast
Questions and Answers
What does the term 'tort' refer to?
What does the term 'tort' refer to?
- A legal contract
- A type of intentional wrong
- A civil wrong committed by a person against another (correct)
- A criminal act
What may a person harmed by a tort seek?
What may a person harmed by a tort seek?
Compensation for damages
Which of the following are classified as intentional torts? (Select all that apply)
Which of the following are classified as intentional torts? (Select all that apply)
- Negligence
- Assault (correct)
- Malpractice
- Defamation (correct)
- Battery (correct)
What do unintentional torts result from?
What do unintentional torts result from?
Assault is an attempt or a threat to hurt a person unjustly and without ______.
Assault is an attempt or a threat to hurt a person unjustly and without ______.
Which of the following is NOT an example of assault?
Which of the following is NOT an example of assault?
What constitutes battery?
What constitutes battery?
False imprisonment involves which of the following?
False imprisonment involves which of the following?
What should always be obtained before performing any procedure?
What should always be obtained before performing any procedure?
Which statement about reporting poor standards of care is true?
Which statement about reporting poor standards of care is true?
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Study Notes
Tort Overview
- Definition includes wrongful acts or civil wrongs causing harm, covered under civil law.
- Tort liability categorized into intentional and unintentional actions.
Compensation for Tort
- Harmed individuals may sue for damages, which can include:
- Medical bills (past and future)
- Lost wages
- Pain and suffering
Intentional Torts
- Involve willful violations of civil rights.
- Notable examples include assault, battery, false imprisonment, invasion of privacy, defamation, and fraud.
Unintentional Torts
- Result from carelessness or substandard care.
- Primary examples are negligence and malpractice.
Assault
- Defined as threats or attempts to harm another person without consent.
- Key elements include fear and intimidation.
- Classified under criminal law.
Examples of Assault
- Threatening a patient with a needle.
- Indicating that a patient will be restrained if they try to leave.
- Threatening immediate discharge for refusal of a procedure.
Battery
- Actual physical contact with another person without consent, which may cause harm.
- Governed by civil law.
Examples of Battery
- Striking a patient causing injury.
- Proceeding with injections despite patient objections.
- Performing any procedure without consent, regardless of intention.
False Imprisonment
- Involves restraining a patient without legal justification for staff convenience.
- Restraint can be physical or chemical.
Examples of False Imprisonment
- Locking doors outside of psychiatric wards.
- Using physical restraints like wrist straps or geriatric chairs.
- Administering psychotropic drugs solely for sedation.
- Misinforming patients about their ability to leave against medical advice.
Legal Requirements for Restraints
- Use of restraints risks violating patient autonomy; only a last resort.
- Must be ordered by a physician specifically to prevent harm.
- Restraint use requires regular reviews and documentation.
- Frequent assessments needed to prevent complications like skin abrasions.
Conditions for Removal of Restraints
- Restraints should be removed once the patient is stable and has basic needs met (e.g., toilet, food, water).
- Patient positioning must be changed regularly to avoid complications.
Preventing Liability
- Nurses should avoid threatening patients.
- Obtain clear consent prior to procedures, especially invasive ones.
- Follow hospital policies regarding restraint usage.
Reporting Standards of Care
- Nurses must be prepared to report poor care or unprofessional conduct.
- Fear of reprisals can deter reporting, yet silence compromises patient trust.
- Reporting can be done:
- Internally to supervisors
- Externally to authorities, media, or other third parties.
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